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(영문) 광주고등법원(제주) 2017.06.07 2016나10287
저당권설정등기말소등기 청구의 소
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the court of first instance No. 3, No. 5, subsequent to the second instance judgment No. 2.2. Thus, this is

(1) The court below's findings and judgments are not different in light of the evidence submitted by the defendant in the trial). 2. The defendant occupies and uses the first floor and the first underground floor of the building in this case until now after the completion of the construction of the building in this case. This means that the defendant uses part of the building in this case instead of paying interest or delay damages on the secured claim of the registration of the establishment of the building in this case and the plaintiff continues to pay interest or delay damages to the defendant. Thus, according to the purport of the statement and arguments in Eul evidence No. 35, the period of extinctive prescription of the above secured claim is suspended. The defendant occupies and uses the first floor and the first underground floor of the building in this case until now after the completion of the construction of the building in this case, but the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff occupied and used part of the building in this case in lieu of paying interest or delay damages on the secured claim in this case, and there is no reason to prove otherwise.

3. In conclusion, the plaintiff's main claim is justified, and the defendant's counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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